Rajasthan High Court - Jodhpur
Prema Ram vs State on 5 May, 2022
Bench: Vijay Bishnoi
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Miscellaneous Bail Application No. 3894/2022
Prema Ram S/o Sh. Mangla Ram, Aged About 32 Years, B/c Jat,
R/o Bhera Ki Dhani, Village Bhandu Kalla, Boranada Police
Station, Dist. Jodhpur. (Lodged In Dist. Jail, Chittorgarh).
----Petitioner
Versus
State, Through Pp
----Respondent
For Petitioner(s) : Mr. B. Ray Bishnoi
Mr. Manohar Singh
For Respondent(s) : Mr. Mohd. Javed Gauri, PP
HON'BLE MR. JUSTICE VIJAY BISHNOI
Order
05/05/2022
Heard learned counsel for the petitioner as well as
learned Public Prosecutor and also perused the material on
record.
The petitioner has been arrested in FIR No.66/2019 of
Police Station Mangalwad, District Chittorgarh for the offences
punishable under Section 8/15 of the NDPS Act. He has
preferred this bail application under Section 439 Cr.P.C.
Learned counsel for the petitioner has submitted that as
per the prosecution story the petitioner was aprehanded by
the police while transporting 839 Kg and 400 grms of poppy
straw in a bus. It is submitted that the said poppy straw was
filled in 38 bags.
Learned counsel for the petitioner has submitted that it
is clear from the recovery memo as well as the statement of
(2 of 3) [CRLMB-3894/2022]
Seziure Officer- Yogesh Chauhan (PW-1), the then S.H.O. of
Police Station Mangalwad, District Chittorgarh that 38 bags
containing poppy straw weighinng 839.400 kgs. were seized
by the police and the Seizure Officer first took 100 gms of
poppy straw from each bag then he mixed the said poppy
straw and thereafter took two samples of 1.500 Kgs each
from that mixture. Thus, it is clear that the Seizure Officer did
not collect separate samples from each bag. It is also
submitted that the Seizure Officer has not stated that the test
by the U.N. Kit was carried out on each bag before taking
some quantity of poppy husk for samples.
Learned counsel for the petitioner while placing reliance
on the decision of this Court rendered in the case of Netram
Vs. State of Rajasthan, reported in 2014(1) Cr.L.R.
(Raj.) 163 has argued that this Court has held that if the
samples from each bag containing poppy husk/poppy straw
have not been collected and test by U.N. Kit has not been
conducted on each bag and if the Seizure Officer has taken
out some quantity of narcotic drug from each bag and after
mixing the same has taken out some portion for sample,
then, the same is not in conformity with the Standing
Instruction No.1/88 issued by the Narcotics Control Bureau,
New Delhi, particularly, Instruction No.1.7 and, as such, it
cannot be said that the narcotic contraband recovered in the
matter is of commercial quantity or above. It is, thus, prayed
that the petitioner may kindly be enlarged on bail.
Having considered the overall facts and circumstances of
the case, substantial grounds taken in this bail application,
taking into consideration the judgment passed by this Court
(3 of 3) [CRLMB-3894/2022]
in Netram's case (supra) and keeping in view the fact that
trial of the case is likely to take time, this Court is inclined to
grant bail to the petitioner under Section 439 Cr.P.C.
Learned Public Prosecutor has opposed the bail
application.
Having regard to the totality of the facts and
circumstances of the case and after taking into consideration
the recovery memo as well as statements of seizure officer,
without expressing any opinion on the merits of the case, I
deem it just and proper to grant bail to the accused petitioner
under Section 439 Cr.P.C.
Accordingly, this bail application filed under Section 439
Cr.P.C. is allowed and it is directed that petitioner Prema Ram
S/o Sh. Mangla Ram shall be released on bail in connection
with FIR No.66/2019 of Police Station Mangalwad, District
Chittorgarh provided he executes a personal bond in the sum
of Rs.50,000/- with two sound and solvent sureties of
Rs.25,000/- each to the satisfaction of learned trial court for
his appearance before that court on each and every date of
hearing and whenever called upon to do so till the completion
of the trial.
(VIJAY BISHNOI),J
227-Arun/-
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